10 years lawful and continuous residence the UK
If you have lived continuously in the UK for 10 years you may be able to make an application for Indefinite Leave to Remain in the UK based upon your length of stay.
You will need to show evidence that you have had ‘continuous legal residence’ for 10 years. The Home Office allow you to count time spent on most types of visa routes for this application. They also permit a certain number of absences within that time, but if you exceed the total permitted number of days you will need to show good reason for this, and the Home Office will consider whether or not the absence is to be included. For example, a lengthy absence due to a natural disaster or pandemic may not count towards the total number of absences. This aspect can be complex and is best to take legal advice if you think that you may have exceeded the total amount of permitted absences.
You must not have been in breach of immigration laws and if your current Leave to Remain was granted after 11th April 2024 you must have had permission on that route for at least 12 months on the date of application or have been exempt from immigration control in the 12 months immediately before the date of your application.
The 10 years residence must all be legal residence and you must be able to provide evidence of your residence here for each of the 10 years. You will also be required to meet the relevant Knowledge of Language and Life in the UK requirement (unless exempt).
As part of an application, the Home Office can take various factors into consideration, including:
- Age
- Strength of connections in the UK
- Personal history including character and conduct
- Domestic circumstances
- Compassionate circumstances
- Any representations received on the Applicant’s behalf
If the application is successful you will be granted Indefinite Leave to Remain (also known as Settlement) in the UK.
20 Years Long Residence
If you have lived in the UK for 20 years (even if illegal) or less in certain circumstances where there will be significant obstacles to reintegration back into life in your home country, then it is possible to apply for leave to remain.
You will have to provide evidence of each year’s residence and if successful will be granted 30 months leave to remain on the 120 month route to settlement.
What we can do for you
Please contact our team of immigration experts today to discuss your options - 0808 166 8831 or email a.minnaar@sydneymitchell.co.uk or m.southall@sydneymitchell.co.uk alternatively complete our online enquiry form.
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